Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

Examinar

Filtros

2016 - 201932020 - 20241

Ajustes

Tema: search.filters.subject.REVICTIMIZACIÓN

Resultados de la búsqueda

Mostrando 1 - 4 de 4
  • Miniatura
    Item type:Ítem,
    El interes superior del niño en la instancia judicial y en el procedimiento administrativo aplicado por la junta cantonal de proteccion de derechos del canton Ambato
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08)
    Rodríguez Jiménez, Nelson Sebastián
    ;
    Espín Meléndez, María Cristina
    The principle of the best interests of the child, together with the rights linked to this principle, are recognized by national and international regulations, from which they are granted a superiority and prevalence of the rights linked to this principle, in relation to the rights of other persons, however, it is not always fulfilled, given that a clash has been identified between the right to due process and the rights related to the principle of the best interests of the child, and this is why this research is of importance. Research carried out with the objective of identifying the incidence of the principle of the best interest of the child from the application of the administrative procedure for the protection of rights used by the Cantonal Board for the Protection of Rights of the Canton of Ambato and the consequent judicial instance. In this case, a quantitative-qualitative or mixed approach was implemented, with a casuistic method, with the application of interviews to Judges of the Judicial Unit of Family, Women, Children and Adolescents of Ambato as well as to Judges of the Cantonal Board of Protection of Rights of the same Canton, surveys to lawyers who know the subject, and, the analysis of sentences and resolutions; obtaining as results that 69. 1% of those surveyed consider that there is an affectation to the principle of the best interest of the child as a consequence of the sentences in which the nullity of the administrative process is declared, a fact contrasted from the different interviews made to Judges, who almost in their totality, kept the same criterion. Concluding that there is indeed a violation of the principle of the best interest of the child as a result of the declaration of nullity by means of an appeal sentence, which with its retroactive effect causes the members of the JCPD to carry out a new reserved hearing on the minor victims, generating their revictimization; this could be remedied by the compliance of the hearing of evidence in the administrative sphere and, in the judicial sphere, by the fact that the sentences with the declaration of nullity leave aside the proceedings that could generate this revictimization
  • Miniatura
    Item type:Ítem,
    Los procesos judiciales en las Unidades de familia, mujer, niñez y adolescencia y la revictimización en casos de violencia intrafamiliar en la Ciudad de Macas
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Trabajo Social, 2018-04)
    Salas Pérez, Oscar Fabricio
    ;
    Balseca Basantes, Jeanneth Elizabeth
    During the last 20 years, it has been possible to demonstrate at a global level a transition and transformation in terms of judicial processes, this aspect has influenced the contours of society and specifically in people who suffer from intrafamily violence. In this regard, Ecuador has a justice system that provides citizens with timely services, violence against women or with a member of the family, is a crime, for which some non-governmental organizations have promoted policies that help reduce intrafamily violence and revictimization in these cases, in this way said investigation addressed some consequences of "The judicial processes in the units of family, women, childhood and adolescence and revictimization in cases of intrafamily violence in the city of Macas", with the one that met the study of the judicial processes which determines the need for a strengthening in the Justice System in terms of the extensive, long and exhausting protocols that make the victim revictimize and in some cases even reach suicide. Likewise, the study of revictimization in cases of domestic violence was addressed, where unnecessary and bureaucratic methods are established that do not allow to fulfill the objective of the law and the victim, leading it to fall into revictimization, procreando several times the memory of your pain. The intention is to start the path that will answer the question: What can we do in this context? The implementation of a model of direct attention for cases of intrafamily violence through support networks was proposed, which is intended to establish the effectiveness of those mechanisms applied to the criminal process, through a model of direct attention in cases of intrafamily violence.
  • Miniatura
    Item type:Ítem,
    La valoración del testimonio de los menores abusados sexualmente y la revictimización
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11)
    Azogue Martinez, Walter Hugo
    ;
    Sánchez Villalva, Cecilia Monserratte
    The present socio-legal problem of "VALUING THE TESTIMONY OF SEXUALLY ABUSED MINORS AND REVICTIMIZATION" is important and transcendental, is based mainly on the need to assist the administration of justice, so that it is applied without much delay and safeguarding the integrity physical and psychological abuse of sexually abused minors, within the investigation of the process in such a way, the rights will be protected and integrated protection will be provided to the victim. The theoretical and field work of this thesis allowed me to obtain criteria, with clear and precise foundations, of well-known bibliography, which contributed to the verification of objectives, and contrasting the hypotheses raised, allowing to support the proposed changes within my work investigative The content of the thesis is an intellectual effort of the author in the scientific and methodological area, which theoretically and empirically addresses the integral protection to the victim avoiding his Revictimacion, which is injured by the offender when sexually abusing the victim leaving sequels in his emotional development that must be treated immediately and truthfully and effectively, as a first step will proceed to assess the testimony of the child sexually abused. Finally I consider that the anticipated testimony is a means of proof accepted in the Ecuadorian Legislation; However, it is considered that it should be applied more effectively and for certain cases in a mandatory manner, it is one of the ways to prevent victimization of victims, especially in the case of minors who have been sexually abused. this being considered of great importance and necessity that this obligatoriedad be established in the Integral Criminal Organic Code in such a way that it contributes to diminish revictimización.
  • Miniatura
    Item type:Ítem,
    La revictimización dentro del proceso ordinario y el delito de abuso sexual en el Código Orgánico Integral Penal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-03)
    Franco Sánchez, Jessica Mariela
    ;
    Sánchez, Jorge
    In our society it is easy to overlook everything concerning the violation of rights of victims in the development of criminal proceedings , it is why I have conducted this investigation with which a possible solution is given to the violation of the rights of victims , without affecting the normal development of ordinary criminal proceedings for which it is important to know that a victim for his condition itself can not be exposed in the administration of justice to be a direct participant in these processes , so that in no way it can allow dual vulnerability of rights , because the performance of its functions should be addressed on the basis of constitutional principles. The victimization is the result of inappropriate by judicial officers and its subsidiary bodies as well as by difficulties in the balance of the rights of the victim and the rights of the offender behavior. Generally, this phenomenon occurs because within the Code of Integral Penal, no special rules for the treatment of victims of sexual crimes in the course of criminal proceedings constantly exposing them to relive the trauma caused by the crime by having to expose repeatedly to test versions , testimonies, interviews and cross-examination. We in today's society, we are stewards of this problem, by allowing judicial institutions violate the rights of victims of sexual offenses , regardless of whether we have a supreme standard as is the Constitution which guarantees the right to nonrevictimization established in Art. 78 of the Constitution is very clear, so that covers all aspects of the victims.